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21 Oct 24 - 21 Oct 24 #524392 by Gettingdivorced777
Topic started by Gettingdivorced777
Married for 16 months, cohabited 2 months prior to marriage. No kids. Husband is 47 years, wife is 34 years old. Husband earns £84k p/a, wife earns £24k p/a. Husband brought property valued at c. £500k into marriage with outstanding mortgage of c. £150k (equity prior to marriage= c. £350k). Currently, property valued at c.£500k with outstanding mortgage of c. £120k (current equity= £380k). Wife wants to move back to Brazil in 3 months time to live with parents. Both Husband and wife kept seperate bank accounts during marriage. Wife contributed c.£5k for mortgage/ household costs during marriage. Wife bought a sofa valued at £1.7k. Wife paid for her own food, husband paid for his own food. Husband paid for everything else (mortgage, utilities, council tax etc.) All wife wants is for Husband to repay household costs of £5k and sofa of £1.7k that wife paid in. Both husband and wife want this over as quickly as possible with as little legal fees as possible. Husband is concerned judge would not consider this fair and therefore not approve this Consent Order. Husband feels wife is entitled to at least 50% of equity increase in propert (i.e. £30k * 50% = £15k). But all wife wants is what she put in (wife has wealthy parents back in Brazil). How could they satisfy the judge if the judge does not feel this is fair and reasonable? Assuming both parties seek legal financial advice (or mediation) on the website, and wife is advised she's entitled to more than she wants, but goes against this advice and only asks for what she put in, would the judge accept this? Both parties want Clean Break, wife especially as she's likely to get a large inheritance at some point in the future. If yes, would it be better to go through mediation (on this website) or through solicitor financial advice (on this website)? Also to add, wife has about £25k in savings, husband about £5k in savings.
Last edit: 21 Oct 24 by Gettingdivorced777. Reason: Added savings that husband and wife have

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22 Oct 24 #524393 by WYSPECIAL
Reply from WYSPECIAL
Given the circumstances you have described and the length of the marriage it is unlikely that any judge would have an issue with wife getting just the £6.7k she wants.
Just get a solicitor to draw up the consent order so it is worded correctly. You could use the service available on this site.

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